§ 808.36  RESERVATION OF RIGHTS.
   (a)   The city reserves the right to amend this chapter as it shall find necessary in the lawful exercise of its police powers unless otherwise prohibited by law.
   (b)   Any additional regulation adopted by the city pursuant to subsection (a) hereof shall be incorporated into this chapter and complied with by all franchisees within 30 days of the date of adoption of such additional regulations.
   (c)   The city reserves the right to exercise the power of eminent domain to acquire the property of the franchisee’s cable system.
   (d)   The city shall at all times have the right, upon reasonable notice and during normal business hours, to examine and copy a franchisee’s records and to inspect a franchisee’s facilities to the extent needed to monitor a franchisee’s compliance with and performance under this chapter, the franchisee’s franchise agreement and applicable state and federal law.
   (e)   The city reserves the right to exercise the maximum plenary authority, as may at any time be lawfully permissible, to regulate cable communications systems within the city and a franchisee.  Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the city, the city may, without the approval of the franchisee, engage in any such additional regulation as may then be permissible, whether or not contemplated by this chapter or a franchise agreement, including, without limitation, regulation regarding franchise fees, taxes, programming or any other similar or dissimilar matter.  Similarly, should applicable legislative, judicial or regulatory authorities restrict the city’s ability to regulate in a manner now permitted, then the city shall not enforce the regulations or rights contemplated within this chapter.
(Ord. 97-2, passed 1-9-1997)